Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1539 of 2021 Petitioner :- Ranjay Kumar Dwivedi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Baijant Kumar Mishra Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Dinesh Pathak,J.
Heard Sri Baijant Kumar Mishra, learned counsel for the petitioner, Sri Sudhir Bharti, learned counsel for the Gaon Sabha/respondent no.4, learned Standing Counsel represents respondent nos.1, 2 & 3 and perused the record.
Instant writ petition has been filed by the petitioner with the following prayer:-
"1. Issue a writ order or direction in the nature of Mandamus directing the respondents authorities to take appropriate action with regard to evicting the illegal encroachment made by respondent nos.5 to 8 over the Gata No.79, area 0.3480 hectare recorded as a bunzar land and Gata No.80, area 0.2390 hectare recorded as bunzar situated in Village Mitihiniya, Post Nadawa, Vishunpur, Police Station Pateherawa, Tappa Khan, Tehsil Kasya, District Kushinagar. And respondent nos.5 to 8 be restrain to raise construction over the Gata no.79, area 0.3480 hectare recorded as a bunjar land and Gata no.80, area 0.2390 hectare recorded as bunjar situated Village Mitihiniya, Post Nadawa, Vishunpur, Police Station Pateherawa, Tappa Khan, Tehsil Kasya, District Kushinagar which is public utility land and recorded as Banjar as way as per revenue records.
2. Issue a writ, order or direction in the nature of mandamus direct the respondent nos.2 and 3 to demolish the construction made by the respondent nos.5 to 8 situated Village Mitihiniya, Post Nadawa, Vishunpur, Police Station Pateherawa, Tappa Khan, Tehsil Kasya, District Kushinagar."
It is submitted that aforesaid public utility land is recorded as Bunjar in the revune record. Extract of Khatauni 1426 to 1431 fasli is filed as annexure no.1. Respondent Nos.5 to 8 have illegally encroached upon the land in question, without any legal right and title, otherwise than in accordance with the law, which is causing inconvenience to the public in large. It is further submitted that petitioner has filed representation dated 05.06.2021(annexure no.2) before the authorities concerned to ventilate his grievances qua illegal encroachment made by respondent Nos.5 to 8 over the plot in question as mentioned above.
Grievance of the petitioner is that despite the representation dated 05.06.2021(annexure no.2), having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent Nos.5 to 8 over the plot in question, to either initiate a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or reject the application filed by the petitioner. It is thus urged that not taking any action against the encroachment over the public property amounts omission from legal obligation entrusted upon the officer concerned under the law.
Learned Standing Counsel, however, contended that petitioner has an alternative and efficacious remedy to move an application under Section 67 of U.P. Revenue Code, 2006, with respect to his grievances as made in the present writ petition.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition filed in the nature of public interest litigation (PIL), without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that petitioner is at liberty to move a fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition alongwith copy of this order before Sub Divisional Magistrate, Tehsil Kasya, District Kushinagar (respondent No.3), who shall take action and initiate legal proceeding under the relevant provisions of U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016 and conclude the same in accordance with law expeditiously, preferably, within a period of four months from the date of receipt of the aforesaid representation.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of. Order Date :- 23.9.2021 VKG